The High Court dismissed a criminal miscellaneous writ petition challenging the legality of an FIR. The Court rejected the petition because the petitioner attempted to bypass a previous order directing surrender and application for regular bail.
The writ petition is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:204527-DB
Court No. - 67
Case :- CRIMINAL MISC. WRIT PETITION No. - 16684 of 2023
Petitioner :- Ajay Veer Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Pandey,Nandini Mishra Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.
Heard learned counsel for the petitioner, learned A.G.A. appearing for the State-respondents and perused the record.
By means of this writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 28.06.2023 registered as Case Crime No. 419 of 2023, under Sections 420, 467, 468, 471 I.P.C., P.S. Sihani Gate, District Ghaziabad.
Submissions made by the counsel for the petitioner that on the earlier occasion petitioner has appeared before this Court for the Anticipatory Bail No. 10411 of 2023 and the co-ordinate Bench of this Court vide order dated 19.09.2023 has directed the petitioner to surrender before the authority concerned and apply for the regular bail instead of adhering the denture of this Court petitioner has tried to circumvent and by-pass the order of this Court.
In view of the above, we are not inclined to grant any indulgence to the petitioner.
With the above observation, the writ petition is accordingly rejected.
Order Date :- 26.10.2023/Israr
Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether the writ petition should be allowed given the petitioner attempted to bypass this Court's previous order regarding anticipatory bail and surrender.
Whether any indulgence should be granted to a petitioner found to have circumvented a prior court order.
2 provisions across 2 enactments
Ajay Veer
State Of U.P.
Rahul Chaturvedi
Mohd. Azhar Husain Idrisi
As recorded by the court registry
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